[Federal Register Volume 71, Number 189 (Friday, September 29, 2006)]
[Notices]
[Pages 57574-57575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-16019]



[[Page 57574]]

-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 70-27]


Notice of License Amendment Request of BWX Technologies, Inc., 
Lynchburg, VA, and Opportunity to Request a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license amendment request and opportunity to request 
a hearing.

-----------------------------------------------------------------------

DATES: A request for a hearing must be filed by November 28, 2006.

FOR FURTHER INFORMATION CONTACT: Billy Gleaves, Project Manager, Fuel 
Cycle Facilities Branch, Division of Fuel Cycle Safety and Safeguards, 
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Mail Stop T-8F42, Washington, DC 20555, 
telephone: (301) 415-5848: fax number (301) 415-5955; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) has received, by 
letter dated June 23, 2006, a request from BWX Technologies, Inc., to 
amend its materials license to include an exemption from 10 CFR part 73 
requirements that limits conduct of medical evaluations to licensed 
physicians. Materials License SNM-42 authorizes the licensee to possess 
nuclear materials, manufacture nuclear fuel components, fabricate 
research and university reactor components, fabricate compact reactor 
fuel elements, perform research on spent fuel performance, and to 
handle the resultant waste streams, including recovery of scrap 
uranium. Specifically, if the exemption is approved, the license 
amendment would allow licensed nurse practitioners to conduct security 
physical examinations as stipulated in the Commonwealth of Virginia 
regulation 18 VAC 90-30-10 et seq.
    An NRC administrative review, documented by letter to BWX 
Technologies, Inc., dated July 18, 2006, found the application 
acceptable to begin technical review. If the NRC approves the 
exemption, the approval will be documented in an amendment to NRC 
License No. SNM-42. However, before approving the proposed exemption, 
the NRC will need to make the findings required by the Atomic Energy 
Act of 1954, as amended, and NRC's regulations. These findings will be 
documented in an NRC Safeguards Evaluation Report and an Environmental 
Assessment.

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for a license amendment involving an exemption to 10 CFR 
part 73 regarding personnel authorized to conduct medical evaluations 
required by this regulation. In accordance with the general 
requirements in subpart C of 10 CFR part 2, as amended on January 14, 
2004, (69 FR 2182), any person whose interest may be affected by this 
proceeding and who desires to participate as a party must file a 
written request for a hearing and a specification of the contentions 
which the person seeks to have litigated in the hearing.
    In accordance with 10 CFR 2.302(a), a request for a hearing must be 
filed with the Commission either by:
    1. First class mail addressed to: Office of the Secretary, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications;
    2. Courier, express mail, and expedited delivery services: Office 
of the Secretary, Sixteenth Floor, One White Flint North, 11555 
Rockville Pike, Rockville, MD 20852, Attention: Rulemakings and 
Adjudications Staff, between 7:45 a.m. and 4:15 p.m., Federal workdays;
    3. E-mail addressed to the Office of the Secretary, U.S. Nuclear 
Regulatory Commission, [email protected]; or
    4. By facsimile transmission addressed to the Office of the 
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, 
Attention: Rulemakings and Adjudications Staff, at (301) 415-1101; 
verification number is (301) 415-1966.
    In accordance with 10 CFR 2.302(b), all documents offered for 
filing must be accompanied by proof of service on all parties to the 
proceeding or their attorneys of record as required by law or by rule 
or order of the Commission, including:
    1. The applicant, BWX Technologies, Inc., Nuclear Products 
Division, P.O. Box 785, Lynchburg, VA 24505-0785, Attention: Leah 
Morrell; and
    2. The NRC staff, by delivery to the Office of the General Counsel, 
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, or by 
mail addressed to the Office of the General Counsel, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. Hearing requests 
should also be transmitted to the Office of the General Counsel, either 
by means of facsimile transmission to (301) 415-3725, or by e-mail to 
[email protected].
    The formal requirements for documents contained in 10 CFR 2.304(b), 
(c), (d), and (e), must be met. In accordance with 10 CFR 2.304(f), a 
document filed by electronic mail or facsimile transmission need not 
comply with the formal requirements of 10 CFR 2.304(b), (c), and (d), 
as long as an original and two (2) copies otherwise complying with all 
of the requirements of 10 CFR 2.304(b), (c), and (d) are mailed within 
two (2) days thereafter to the Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff.
    In accordance with 10 CFR 2.309(b), a request for a hearing must be 
filed by November 27, 2006.
    In addition to meeting other applicable requirements of 10 CFR 
2.309, the general requirements involving a request for a hearing filed 
by a person other than an applicant must state:
    1. The name, address, and telephone number of the requester;
    2. The nature of the requester's right under the Act to be made a 
party to the proceeding;
    3. The nature and extent of the requester's property, financial or 
other interest in the proceeding;
    4. The possible effect of any decision or order that may be issued 
in the proceeding on the requester's interest; and
    5. The circumstances establishing that the request for a hearing is 
timely in accordance with 10 CFR 2.309(b).
    In accordance with 10 CFR 2.309(f)(1), a request for hearing or 
petitions for leave to intervene must set forth with particularity the 
contentions sought to be raised. For each contention, the request or 
petition must:
    1. Provide a specific statement of the issue of law or fact to be 
raised or controverted;
    2. Provide a brief explanation of the basis for the contention;
    3. Demonstrate that the issue raised in the contention is within 
the scope of the proceeding;
    4. Demonstrate that the issue raised in the contention is material 
to the findings that the NRC must make to support the action that is 
involved in the proceeding;
    5. Provide a concise statement of the alleged facts or expert 
opinions which support the requester's/petitioner's position on the 
issue, and on which the requester/petitioner intends to rely to support 
its position on the issue; and
    6. Provide sufficient information to show that a genuine dispute 
exists with the applicant on a material issue of law or fact. This 
information must include

[[Page 57575]]

references to specific portions of the application (including the 
applicant's environmental report and safety report) that the requester/
petitioner disputes and the supporting reasons for each dispute, or, if 
the requester/petitioner believes the application fails to contain 
information on a relevant matter as required by law, the identification 
of each failure and the supporting reasons for the requester's/
petitioner's belief.
    In addition, in accordance with 10 CFR 2.309(f)(2), contentions 
must be based on documents or other information available at the time 
the petition is filed, such as the application, supporting safety 
analysis report, environmental report or other supporting document 
filed by an applicant or licensee, or otherwise available to the 
petitioner. On issues arising under the National Environmental Policy 
Act, the requester/petitioner shall file contentions based on the 
applicant's environmental report. The requester/petitioner may amend 
those contentions or file new contentions if there are data or 
conclusions in the NRC draft, or final environmental impact statement, 
environmental assessment, or any supplements relating thereto, that 
differ significantly from the data or conclusions in the applicant's 
documents. Otherwise, contentions may be amended or new contentions 
filed after the initial filing only with leave of the presiding 
officer.
    Each contention shall be given a separate numeric or alpha 
designation within one of the following groups:
    1. Technical--primarily concerns issues relating to matters 
discussed or referenced in the Safety Evaluation Report for the 
proposed action.
    2. Environmental--primarily concerns issues relating to matters 
discussed or referenced in the Environmental Report for the proposed 
action.
    3. Emergency Planning--primarily concerns issues relating to 
matters discussed or referenced in the Emergency Plan as it relates to 
the proposed action.
    4. Physical Security--primarily concerns issues relating to matters 
discussed or referenced in the Physical Security Plan as it relates to 
the proposed action.
    5. Miscellaneous--does not fall into one of the categories outlined 
above.
    If the requester/petitioner believes a contention raises issues 
that cannot be classified as primarily falling into one of these 
categories, the requester/petitioner must set forth the contention and 
supporting bases, in full, separately for each category into which the 
requester/petitioner asserts the contention belongs with a separate 
designation for that category.
    Requesters/petitioners should, when possible, consult with each 
other in preparing contentions and combine similar subject matter 
concerns into a joint contention, for which one of the co-sponsoring 
requesters/petitioners is designated the lead representative. Further, 
in accordance with 10 CFR 2.309(f)(3), any requester/petitioner that 
wishes to adopt a contention proposed by another requester/petitioner 
must do so in writing within ten days of the date the contention is 
filed, and designate a representative who shall have the authority to 
act for the requester/petitioner.
    In accordance with 10 CFR 2.309(g), a request for hearing and/or 
petition for leave to intervene may also address the selection of the 
hearing procedures, taking into account the provisions of 10 CFR 2.310.

III. Further Information

    The application, including the safety analysis report and other 
information referenced in the application, may be made available 
pursuant to a protective order and subject to applicable security 
requirements upon a showing that the petitioner has an interest that 
may be affected by the proceeding.

    Dated at Rockville, Maryland, this 21st day of September 2006.

     For the U.S. Nuclear Regulatory Commission.
Gary S. Janosko,
Chief, Fuel Cycle Facilities Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards.
 [FR Doc. E6-16019 Filed 9-28-06; 8:45 am]
BILLING CODE 7590-01-P